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[[File:EarlWarren.jpg|thumb|left|170px|Eisenhower later in his life referred to his nomination of Warren to the Supreme Court as one of his biggest mistakes.<ref name=Ike/>]]
 
[[File:EarlWarren.jpg|thumb|left|170px|Eisenhower later in his life referred to his nomination of Warren to the Supreme Court as one of his biggest mistakes.<ref name=Ike/>]]
 
Per the conclusion of Brennan on the ruling in concurrence with Warren and Fortas:<ref>[https://supreme.justia.com/cases/federal/us/383/413/ Memoirs v. Massachusetts, 383 U.S. 413 (1966)]. ''Justia''. Retrieved February 15, 2021.</ref>
 
Per the conclusion of Brennan on the ruling in concurrence with Warren and Fortas:<ref>[https://supreme.justia.com/cases/federal/us/383/413/ Memoirs v. Massachusetts, 383 U.S. 413 (1966)]. ''Justia''. Retrieved February 15, 2021.</ref>
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{{cquote|1. Under the test in Roth v. United States, 354 U. S. 476, as elaborated in subsequent cases, each of three elements must independently be satisfied before a book can be held obscene: (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and (c) the material is utterly without redeeming social value. P. 383 U. S. 418.
 
{{cquote|1. Under the test in Roth v. United States, 354 U. S. 476, as elaborated in subsequent cases, each of three elements must independently be satisfied before a book can be held obscene: (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and (c) the material is utterly without redeeming social value. P. 383 U. S. 418.
  
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